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BCC Minutes 07/27/1993 RNaples, Florida, July 27, X993 LET IT BE REMEMBERED, that the Board of County Commissioners tn and for the County of Collier, and a/so acting as the Board of Zoning ~..~.ApPeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in RE~KYLA~ SESSION in Building "F" of ~he Government Complex, East Naples, Florida, with the following members present: C~I~N: Bur~ L. Sanders VICE-CHAIRMAN= Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews -ALSO PRESENT: John Yonkosky, Finance Director; Annette Guevln '.and Sue Carney, Recording Secretaries and Ellis Hoffman, Deputy Clerk; Nell Dorrill, County Manager; Ken Cuyler, County Attorney; Dave Wetgsl, Ramtro Manaltch, Richard Yovanovich and MarJorie Student, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Tom Olllff, Public Services Administrators Mike Arnold, '" Utilities Administrator; Fred Bloetecher, Assistant Utilities Administrator; Dr. Jane Polkowski, Public Health Unit D/rector; Bob Blanchard, Site Development Review Director; DAve Pettrow, Long Range Planning Director; Tom Conrecode, Capita/ Projects Management Director; Mike McNees, Budget Director; Greg Mlhalic, Affordable Housing Director; Harry Huber, OCPM Technical Services Supervisor; Jo~ MadaJewski, ProJec~ Plan Review Manager; St~ Lttsinger, Growth M~agement Section Chief: Ed Kant, Senior Traffic Operations Engineer; V/ad Ryziw, Transportation Engineer Project Manager; Jeff Perry, Bryan Milk, Ron Nino, Bob~Mulhere and Philip Scheff, Planners~ Sue F~lson, A~in~etrative AssXstan~ to the Board; and Captain Wayne ~rah~, Sheriff's Office. I]80 ,. 01 Page Tape #1 ACl~I'I~'- APPROVZD lelT~ CHAXt~E-q July 27, 1993 CmluLoner Volpe .sued, seconded by ConLeeLoner NettLe and carrA~dunani~ousl¥, to a~r~ the a~n~wlth the c~o ~ the Agen~ ~ Sh~t ~d with t~ foll~i~ ~dttlo~l 1. 2. Item #10D - Discussion regarding 800 MHZ issues - Added. Item #1202 - Reco~endation to adopt an ordinance regulating awtnmtng pools in Collter County - Continued. 09 Page 2 July 2?, 2993 The motion for approval of the consent agenda ia noted under Item ~ OP THE ~~ MEETING OP ~ 29, 1993 - ~~ ~ Commissioner Constantine congratulated the fo/lowing employees and presented their service awards: Deena L. qulnn, Real Property Eula M. Parkman, Golden Oate Co,unity Center Robert A. Btzich, Utilities/Wastewater - 5 years - 5 years - 5 years ~ER~N~Y~X¢~ SEXYICES PHOKNIXAWARDS - PXESENTED Commissioner Volpe congratulated employees of the Emergency Medical Services Division who have successfully revived an individual known to have been tn cardiac arrest, and presented their awards. Awards were presented as indicated on the Phoenix Awards Presentation list: Page 3 July 27, 1993 FROM THE FLORIDA CILqPTER OF TH~ AMERICAN SOCIETY OF ARChITeCTS FOR THE BAREFOOT BEACH COUNTY PARE DUN~ George Fogg, Chairman of the Naples/Fort Myers Section, Florida 'J. ". ~hapter of the American Society of Landscape Architects, explained the · recognition being offered to the Board of County Commissioners, Coastal Engineering, Inc., and Mr. Jeff Moore, Project Landscape Architect. He presented Commissioner Saunders with a plaque tn ~recognttton of the dune restoration project at Barefoot Beach County Park.. Commissioner Saunders accepted the award and thanked Mr. Fogg on of the Board of County Commissioners. .:(507) '"'T~ DISTINUUISKED BUDGET PRESENTATION ANARD OF THE GOV~]ttlN~IT FINANCE · OFFICERS' A~OCIATION- PIt~SENTED Mike McNees, Budget Director, recognized and thanked the Staff of Management and Budget, and presented The DlstAngnfshed Budget PresentatLon Award to Commissioner Saunders from the Government Finance Officere' Association. Commissioner Saundere accepted the award and thanked the Staff of 'Management and Budget for their hard work. "Cs?s) '&M~I~]IT~ 93-390; 93-391- 93-394 AND 93-395 ADOPTED ~r[ C~A~ ~i~ly, to a~pt ~et ~n~nte 93-390; 93-391; 93-394 ~ ,', ~ 93-395. ~Aaeloner Con~tantine ~=ved, #conded by Co~alsa$oner Volpe and carried unanimously, to adopt Bud~t A~end~ent Reanlution 93-40. 2?, 1993 lqtr~llTED Finance Director Yonkoek¥ detailed interim financial Information on the Collier County enterprise funds for the nine months ended June 30, 1993. He noted per a request from Commissioner Matthews, 34 per- cent of anticipated bad debts are being recorded each month to elimi- nate 8n¥ distortion tn that area. This being a discussion Item, no action was required. (o~o) Zte~l Finance Director Yonkosk¥ presented Interim financial Information as of Suns 30, 1993, and reported there are no unusual Items to point out. ./"Commissioner Matthews questioned if any revenue streams are not g tn as expected? Ftnsnce D~rector Yonkosk¥ indicated ~ntergovernmental revenues are more than anticipated. Commissioner Matthews asked what the County ts renting to show a · revenue under rents and Finance Director Yonkosk¥ responded one Item ~s the Go/den Gate FI're'Department ts paying rent on the Golden Gate EMS facility. This being a discussion Item, no action was required. NILS~I,' MILT. ER, BARTON AND PETE, INC,, FOR THE KATTL~SNAE~-H~K~E ROAD ~ ~ JUNCTION~ U.S. 41 AND C.R. 951, PURSUA]FF TO PRIOR BOARD AFFROVAL OF NEGOTIATED FEES RE CIE PROJECT NO. 017 - Transportation Services Administrator Archibald presented an .'amendment to the design contract with Wi/son, Ml//er, Barton & Peek, 'Inc., dealing with the work done to date and upcoming environmental Page 5 'permitting.I He referred to pages 5 and 6 of the agenda package con- .raining an outline of activities being proposed that this consultant perform for the entire corridor. He noted Staff will be returning ;.:; ~wtth the plans and specifications only for the phase of construction between U.S. 41 and Polly Avenue; however, this request Involves environmental permitting Issues and activities totaling $316,548, with the 'intent to put the County In the position to have permit conditions .established for the entire corridor. Re pointed out a list of con- 'ttngent items, totaling 8168,884, is also contained on page 6, that will be needed depending on the response to environmental permitting and also in regards to putting together the final design package He concluded with Staff's request that the Board amend the existing ,;;.;contract with Wilson, Miller, Barton & Peek, Inc., to reflect the ge in scope, environmental permitting and a list of contingent items necessary tn working towards the construction date for the four laning project from U.S. 4! to Polly Avenue. In response to Commissioner Volps, Transportation Services Administrator Archibald stated the original contract amount for the ~;'~'"lfirst.. . ,phase was $268,175, which was increased to $283,975 due to addl- : ttonal utility design work. .' Commissioner Matthews referred to page 2 of the supplemental agreement, noting Item 12 references Santa Barbara Boulevard between S.R. 84 and Rattlesnake-Hammock Road. She recalled the Board excluding that roadway from the work plan. Transportation Services Administrator Archibald stated language .referring to Santa Barbara Boulevard will be deleted from this ,'a~r. eenent. :''~''r' Commissioner Constantine recalled the Board asking for a com- parative report on tn-house va. consultant design work. County Manager Dorrtll advised a tentative report has been pre- pared that Staff is currently evaluating that would combine all construction, management and engineering departments into a single ~?/ :department He said that report will include an analysis on design ,o,K 000,' : 17 Page 6 July 27, Work for smaller projects, but there wall continue to be the need to subcontract or consult certain structural or land surveying functions because the County does not have those abilities. :~" ConiseAoner Saunders commented that Commissioner Constantine ia asking~,, for an analysis regarding bringing people on board to accomplish those tasks. He suggested this discussion take place during.tbs strategic planning sessions, where more time can be devoted to the topic. Coumi~ioner ~orrio moved, oeconded by CounAo~ioner Volpe and carr~ed. ~nanimmm~y, to approve the 8upp~euenta! Agreeuen~ with Page 7 July 27, 1993 V/ad Ryziw, Transportation Engineering Project Manager presented ' a proposed contract amendment to the engineering design contract with !:( ~ Ch2M HIll, Inc., for the Pine Ridge Road six lantng improvements from ;~ U.S. 41 to C.R. 31. He gave a brief history of the contract. He said ~ ~'['the many development projects converging on the intersection of Pine Ridge and Airport-Pulling Roads caused Staff to look at changes in :'~i'j this contract. He said the intent was to insure that the right-of-way dr: envelope, as well as the water management aspect, will depict the final needs of that roadway. He reported this Supplemental Agreement entail8 an additional $22,933.96, for a total revised current and final amount of $282,863.66. He noted the only qualification to that '?. revised amount is that from an actual expenditure standpoint, the !';i'.amount will be reduced by $§,000 because of a contingent set aside in the contract for the consultant to pay the environmental agency fees. Commissioner Volpe inquired if the work under this contract has ~.:~., a/ready been completed, to which Mr. Ryziw responded tn the affir- · ~. mattve. ~.' ' Mr. Ryztw concluded with Staff's recommendation to approve this Supplemental Agreement and close out the contract with Ch2M Hill, Inc. Commissioner Volpo moved, seconded by' ComuAeaIoner Harris and carrAed un~nAmou~l¥, to approve Supple~enta! ~greement No, 4 wAth Ch2H HAll, Inc. 85 Page 8 Suly 27, 1993 .(21o~) Zt~a A ~ATZ011 BT 3AY E&SSACE, ACTING DZSTRZCT JLD~ZNZSTR&TOR FOR DIST~TCT 8 OF TH~ HEALTH ARD REH&BILZTATIVE SERVZCES (BITS) - NO ACTZON Jay Kassack, Acting D/strict Administrator for District 8 of HRS, stated his purpose tn coming before the Board of County Commissioners ts to change the image of HRS. He said tn the brief time he has been in District 8, he has found many staff members who want to do the work and do it well, but for multiple reasons they have been unable to. He suggested the reorganization of HRS ts very challenging and provides a chance to do business differently. He explained some of the changes being made, including a reduction tn administrative positions with those employees now doing field work to provide an increase tn com- munity presence, and the creation of Health and Human Services Boards manned by citizens. He said they are also working on setting up small, accessible offices in the community with extended hours. He indicated they ars hoping to increase an awareness that HRS is available to help people through setting up partnerships with the various Boards of County Commissioners. He said they are also planning that the Public Health Un/ts supervise many services, and the first County in which that ts planned ts Collier County. In closing, he asked the Board to put aside the feelings of the past and help HRS work toward resolving the social problems of citizens. Commissioner Saunders thanked Mr. Kassack for his presentation and suggested the Board will pass on any Ideas it may have to help in developing new programs and procedures to meet the needs of the com- munity. Commissioner Volpe questioned whether the program outlined ts similar to other Districts? Mr. Kassack indicated D/strict 8 is dealing with the problems in a more Innovative way and is somewhat radtcal tn its approach. He said some of the concepts are similar to others in the State, but each District is putting together its own program. Page 9 July 27, 1993 '. Dr. Jane Polkowski, Public Health Unit Director, communicated the program outlined by Mr. Kassack allows an opportunity to increase coordination and collaboration while providing services much more accessibly to their clients. $*$ R~,ce~a,~d= 10:20 A.M. - Reconv~ne~: 10~30 A.M. at which ttae ~ecordtng Secrstax-Z Carne~ rsplaced Recording Sscrataz-Z (ralvtn sso (2~01) Itam~B3 REC0%~B~ATION TO APPROVE A CONTRACT AM~ND~ENT TO AN EXISTING UTILITY RELOCATION AGREE~4~NT AND TO APPROVE TWO ADDITIONAL A~REEMENTS ~XTH FLORIDA PO~E~ AND LIGHT COMPANY (FPL) FOR TH~ CONSTRUCTION OF S.R. 951 SOUTI~ OF U.S. 41 IN THE TOTAL AMOUNT OF $1,016,130 - APPROVED r~ Transportation Services Administrator Archibald explained both the report and recommendation of the utility relocation contracts with Florida Power and Light for S.R. 951, noting that this pro~ect ts divided Into three segments. Mr. Archibald requested that the Board amend the agreement for Phase I, and approve Phase II and III which will al/ow FPL to proceed with their utility relocation work which will allow the continuation of the S.R. 951 project. Mr. Arch/bald described that the County's role in State road pro- ~ect ts to assume the responsibility of acquiring right-of-ways and providing a clear right-of-way which involves the acquisition, payment for improvements and the relocation of uti//ties that were tn their own easement at the time they were acquired. Mr. Archibald confirmed that the original estimate and amended estimate provided for the relocation was approximately $1.25 million and the total cost for the three phases totals approximately $1.2 million within the budgeted dollars allocated from the road impact fee. Commissioner Norris requested a brief overview of how the schedule .: would be completed. Transportation Services Administrator Archibald announced that there are two contracts; the 4-1antng segment which extends from U.S. 41 to New York Avenue and the next phase Includes the surcharge Page lO Ju~¥ 27, 1993 contract which is estimated at a cost of 4.6 million dollars, with the project to start in 1995, and the actual construction work to begin in 1996 at a cost of approximately 7.6 million dollars. In response to Commissioner Volpe, Transportation Services Administrator Archibald clarified that Staff will be in contact with Florida Department of Transportation to determine whether a reimbur- sement will become available as a result of some cost savings on this corridor. Commissioner Volpe asked if any part of the relocation of the uti- i~j. litles were reimbursable? Mr. Archibald stated thi~ is not under the current contract, but he will discuss this with the Florida Department of Transportation to see whether that can be created through the State's 5 year work plan. Commissioner Volpe inquired If FPL is actually doing the reloca- tion work themselves or if they are subcontracting. Transportation Services Administrator Archibald replied that FPL is doing some work and ie subcontracting some work. Mr. Archibald mentioned that FPL has never asked for any reimbur- sement for its own right-of-ways that the County has acquired. carried unanimously, to approve St&ff'm recommendation. ,oo 73' Page ,*~ JUly 27, 1993 ' (~o) ~" '~* ~E. AL ~ ~ FIF'I~ AVER~IE/14ORSE DIESEL 0F ROAD 'rMPACT FEE &MOU'#T FOR ~' M, IkTER~I'DE SNOPS EXPANSION - D~I*IED Transportation Services Administrator Archibald explained that this appeal was requested by the contractor for Sake Fifth Avenue tn accordance with the Road Impact Fee Ordinance. Mr. Arch/bald explained that Saks Is requesting an Impact fee reimbursement for fees paid for an expansion of the Saks Fifth Avenue Store for a storage and receiving area, and since It ts part of their retail outlet, Staff considers it part of the building and assessed impact fees to It. Mr. Archibald revealed that Saks wrote that they were under the impression that a storage area without additional employees would not require road impact fees. Mr. Archibald maintained that the County computes impact fees according to gross area. George Alter of Morse Diesel 8tared that Saks Fifth Avenue had been cited many times by the fire marshall because of their inability to store mater/als correct/y, therefore, they moved their storage area to a rental storage facility. Mr. Alder stated that because no employees were added and this addition was constructed to increase an area that was built Incorrectly, Impact fees should not be imposed. (Tap~, #2) County Attorney Cuyler confirmed that this Is not a public hearing, and the findings of the Board should be stated for the record. Commissioner Volpe asked if usage is calculated in impact fees, citing that warehouse usage Is different than retail. Mr. Archibald declared that the ordinance would have to be reviewed in order to establish how the fees are computed, adding that a department store ts required to pay based upon retail rate for not only showroom but also for storage that supports the retail use. Cmem/ssioner Volpe ~v:ru~d, seconded by Commissioner Constantine and July 27, lggs carrA~d~t~ously, to deny tim appeal and accept Staff's reco~en- FOR ADOPTION OF Tire FZSCAL T~AR 2993-94 COLLZER COUNTY F~I~ g/8/93 & 9/22/93 at 5:05 P.W. Mike McNees, Budget Director, stated that this ts a request to adopt the tentative millage rates and to set public hearing dates for both the tentative budget and the final adoption of the 1993-94 Co/l/er County Budget. Mr. McNees explained that the millage rates adopted today will turn into proposed taxes that will be mai/ed to all County property Hr. WcNees referred to page 4 of the Staff report, stating that there are four funds taxed County wide; the General Fund, Water Management, Water Pollution Control and Capital Out/ay, and an Issue has been raised as to whether an appropriate adoption of the Water Management and Capital Outlay as County wide taxes are separate from the General Fund. He said the Finance Director recommends that those two funds not be taxed separately but that they be absorbed into the General Fund. Mr. McNees pointed out that this would cause no changes to advertising and will not change the total county wide taxes, adding that this change has not been made to date because historically these funds have been budgeted and taxed in thte manner and have always received certification from the Department of Revenue. In response to Commissioner Volpe, Finance Director Yonkosky replied that it is important to classify these two funds as a depen- dent special district because there is no MSTU created or any depen- dent district, raising the question as to the legal authority to lev~ the tax. County Attorney Cuyler confirmed that Mr. Yonkosky ts correct. Commissioner Saundera indicated that these funds should be incor- '.I ;:.~ porated into the General Fund. Page 13 $U1¥ 2?, 1993 Mr. McNees pointed out that the purpose of this discussion is to ~ake the change for the record and explain the increase in the General Fund. Commissioner Norris indicated that this change should be footnoted on the County Budget. Commissioner Volpe suggested that research should be done as to whether there is a valid purpose for a dependent district. Mr. McNeee agreed to research this eub~ect and report hack to the B~ard. Mr. McNess reviewed the amended Millage Rates. Commissioner Volpe asked if there is a cap on the mil/age rate within either dependent special district? Mr. McNees answered that there is no legislation creating them, therefore, there ts no cap. In response to Commissioner Matthews, Mr. McNees explained that both these funds benefit the County. Commissioner Saunders suggested that these funds be incorporated into the general fund at this time, and when the budget hearings are held in September there may be an issue as to Justification for these particular funds, and changes could be made at that time. Cos~tssioner Norris ~oved, seconded by Co~leeloner Saunders and CarTieduna~taonsl¥, to a~opt the Millage Rates as a~en~e~, thereby ~opt~ngReeolutton 93-285. A discussion was held on possible public hearing dates for the adoption of the Fiscal Year 1993-94 Collier County Budget. 0~elo~toner Norris norad, eecon~ by Co~ataatoner Matthews ami car~tede~aninemsl¥, that the public heartn~ for the a~optton o£ the Ftsca/ ?ea~ 1993-94 Collier County Budget be held on S~ptenber 3, 1993 an~ ~pt.~r 22, 1993 at 5:05 P.M. 000 P, ,,138' Page July 27, 1993 INDIAN FESTIVALS &T COLLXER COUNTY MUSEUM - COMTZMUED TO Commissioner Saunders explained that this is a limited use agreement between the Board and the Osceola family approving the use of museum property for three annual Indian Festivals An addition to a Christmas celebration, noting that the County Attorney has reviewed and approved the agreement for legal sufficiency. Arthur Lee, Director of the CraAghead Archaeological Laboratory, expressed has concern, noting paragraph 5 of the agreement would gave untrained people access to documents and artifacts that are in some oases irreplaceable. Commissioner Saundere clarified that the intent of that paragraph ie to insure access to utilities, noting there is no problem in rewording the language to reflect that. Robert Russell, representing the Friends of the Collier County Museum, said he believes that the agreement should be postponed for one month due to some unfortunate circumstances that have come about between the Oeceola family and the Friends of the Collier County Ron Jamro, Museum Director, noted that he received a copy of the agreement yesterday afternoon and requested that the Board give him sufficient time to consider all the provisions of the agreement and their impact on the museum. He said hie initial response, however, is unfavorable because the agreement compromises the security of the ~uaeuma' collections by allowing unsupervised access, it places unreasonable burdens on the museum's financial resources and manpower, and additionally, use of the County museum in this manner may not be consistent with the American Association of Museum's Code of Ethics or with Florida Administrative Codes. In response to Com~ssioner Constantine, Mr. Jamro replied that the museum receives approximately 60,000 annual visitors, and the Page 15 3uly 27, 1993 .three IndianFestivals combined account for approximately one third of the attendance. Commissioner Saundere remarked that the agreement does provide a mechanism to provide for the Osceola family to produce these festivals but also provides the Board with termination of the agreement should they become disenchanted with the festivals. Commissioner Saunders revealed that the festival has been held on the museum site since 1988, and questioned why these issues are being addressed at this time. County Manager Dorrtll declared that the Indian Festival has always been a partnership between the Board, the Osceola family and the Friends of the Collier County Museum, noting that this agreement indicates that there will no longer be a partnership as It will be the obligation of the 0acacia's to produce the agreement. County Manager Dorrlll requested assurance that the building will secured at the end of the day by County personnel. Ttna Osceola explained why a two week set up period ts necessary. Commissioner Volpe stated that he supports the agreement, but if additional time ts required to work out details, he would be suppor- tive of the delay. Mr. Dorrtll suggested the concept of having the Osceola's sponsor the festival, have the Board approve the agreement this date and have the County Manager develop the rules and see that they are followed, noting that an example of vendors camping on museum grounds after the festival ia over is not permitted. Mr. Jamro announced that there are costs to the County that the Board should be aware of: Facilities Management, Maintenance, Road & · Bridge and E.M.S. along with utilities. He mentioned that in 1988, he ' did attempt an agreement of this nature and it was not signed. In response to Commissioner Constantine, Mr. Dorrtll clarified that the museum ts covered under the County policy. Commissioner Norrl~ declared that because an extension of time has been requested by both the museum and the Friends of the Museum, and Page 16 July 27, 1993 because he also needs clarification on points tn the agreement, he suggested delaying this agreement for four weeks. C~iulone~ NO,Tis woved, uconded by C~~ Vol~ to con- t~ ~ ~t for f~ ~. TSna Osceola ac~owledged that it ~s not her intention to limit ~b/ic use. She presented the history of the Indian Festival in Collier County and pointed out that the agreement presented this date has been initiated and instituted by the County. She commented that i~ .~.. the next festival is planned for November so a decision on the agreement must be made immediately. Ms. Oaceola indicated that in regard to permitting, which has been waived In the past, and may now be required, she requested the necessary Information. Referring to the issue of vendors camping on the museum grounds, Ms. Oeceola confirmed that rules and regulations are given to all ven- dors and/or entertainers, and are strictly enforced. Ms. Osceola stressed the importance of the museum to her family history, concluding that she ts unhappy with direction that the rela- tionship is taking. Co,missioner Constantine agreed with Commissioner Norris that if there are questions regarding the agreement it would be best to con- tinue this item for a few weeks. Commissioner Saunders stated that he ts opposed to the motion, revealing that the provisions tn the agreement can be amended. · ' Co~misstoner Volpe suggested amending the motion to a one week _. continuance, two weeks at most. Ms. Osceola disclosed that a decision would have to be made within a week. County Manager Dorrill agreed to set up a meeting with all parties involved to resolve as many concerns as possible and bring back a final agreement next week. Commissioner Const;mtine encouraged the participation of Mr. Jamro and representatives of the Friends of the Museum tn the proposed ,oo O00 , , -lil Page July 27, 1993 meeting. Commissioner Norris agreed to amend h~s motion to one week with Staff's approval. Coum/mmLoner #orris Bayed, seconded by Commissioner Volpe to con- tinuo t_h~e item to the August S, 1993 mtLng of the Board of County Commissioner Saunders asked the Board of County Commissioners not to approve the motion to continue. Commissioner Matthews agreed, emphasizing that the agreement needs only minor changes. Up~m c~/1 for the question on the floor, the ~otton carried (soso) Richard Wood announced that the Property Owners of Naples Park disapprove of the Transportation Department's proposals and offer alternative solutions to the 6-1antng of U.S. 41. Mr. Wood alleged that the residents of Naples Park feel that dect- siena were made without their involvement. The following people spoke on the subject: Vera Fitz-Gerald (Tape eS) Flo Mortensen Chuck Goimgs Irene Koontz Lloyd Bowetn Genevieve Pistori Dennis Hill Lee Carney Transportation Services Administrator Archibald indicated that the goals of the Transportation Department are similar to those of the residents. Mr. Archibald presented an exhibit depicting the initial Florida Department of Transportation (FDOT) plan for the 6-1aning of U.S. 41 and a traffic count that was done by Staff. Transportation Services Administrator Archibald stated that the 000 142 Page July 27, 1993 State and Coullty are tn the planning phase, actual construction is planned for 1996, so this ts the time to gain Input from the residents 'of Naples Park. He called attention to the fact that Westinghouse, the developers of Pelican Marsh, have indicated to the County their flexibility as to their point of access. Com-lsstoner Volpe asked Mr. Archibald how Transportation Services will coordinate with the Traffic Committee of Naples Park, the development community which will surround Naples Park and FDOT? Mr. Archibald replied that he will arrange a series of meetings that will address the concerns of all the participants, adding that many more traffic counts are necessary to establish a base line of what the traffic conditions are. c~z~te4~e~l~usly, that Staff be directed to continue to evaluate trellis i~[~ct, to schedule public workshops to solicit citizen input, ~zd to pin input fro~Weattnghouse and the ~erch~nte along U.S. 41. (1070) NI~OL~I~OI 93-286 ~ IIT~F~ TO AMEND SECTIONS ONe, TRI~EE AND FIV~ OF OP.D~ NO. 84-44, AB AM~ID~) BT OI%DINANCE NO. 87-43 - ADOPTED Commissioner Sounders noted that he placed this Item on the agenda and indicated several sections to be considered for amendment. County Attorney Cuyler advised the Board to adopt this resolution ;.. so that the option to repeal would remain available. [:~'; Co~le/~ioner Constantine ~:~ed, eeconded by Commtseloner Norris · to ~t the z~eolution. / Bettte Gulascstk spoke on the subject. ~ ~iN ~luti~ 93-286. Co,tsstoner Sanders confirmed that this Ordinance will be adver- ttsed for ~bltc hearing. " Page 19 Commissioner Matthews referred to a letter received from the FCC (copy not provided to Clerk) voicing concern regarding the 20 channels on the 800 MHz span that have been Issued to Collier County and not the Board of County Commissioners, under a different call number than the existing system. Referring to the third paragraph of the letter, Commissioner Matthews reported that the County has failed to file yearly progress reports as required and failure to meet approved construction sche- dules could result in license cancellation. She suggested giving County Manager Dorrtll direction to meet all requirements in order to secure these licenses. County Manager Dorrill announced that he processed a renewal license in April, and Staff Is now In the process of having the other frequencies that were reserved as part of the "Special Trunked Public Safety Special Emergency Radio Service", which ts under the license, Issued to the Collier Comity Board of County Commissioners, and to reserve and continue to file the annual reports for the additional licenses that were Initially applied for by the Sheriff's Department, adding that the additional reserved licenses can be made part of the license that is held under the County call sign. In response to Commissioner Matthews, County Manager Dorrtll replied that Staff will request the cancellation of "WNSK615", and incorporate the reserved frequencies that are already approved as part of the license for "WNLK955", and the progress report will be filed. Commissioner Matthews urged the Board of County Commissioners to endorse this action and encourage the County Manager to move forward. Captain Wayne Graham, representing the Sheriff's Department and Public Safety Committee. reported that the 20 channel station Page 20 July 27, 1993 "WNSX615' was applied for by the Collier County Sheriff's Department, name change. and the licensee were returned to the Sheriff's Department, adding that the Sheriff'a Office filed the applications and paid the applica- tion fee. He announced that he completed the required report and verified that the Sheriff's Office As preparing an application for a Commissioner Constantine asked if there ts any objection to having the two channels condensed? Captain Graham replied that they are pursuing this because all the licenses are issued to Collier County then designated to the appropriate public safety entity. He remarked that the Sheriff's Office wants assurance that the system for public safety will be handled somewhat differently than the current system used in the County. Commissioner Volpe noted that the letter from the FCC states that nothing in the application filing demonstrated that the Sheriff's Office was an independent government agency and that Staff's decision to remove the Sheriff's Office from the license was not appealed. County Attorney Cuyler confirmed that while meeting with the Sheriff's Office to discuss the consultant issue, he considered the licenses to be Collier County licenses, noting the Sheriff took the opposite position. He informed the Sheriff's office that the Board of ". County Co~missioners directed Staff to cooperate in an effort to '!)i- retain the licenses. ~i:: Commissioner Volpe advised that the required reports must be .'/ filed, and requested assurance that this is being accomplished. Captain Graham alluded that the Sheriff may seek to amend the license to clearly designate the Sheriff as the licensee. Count~ Manager Dorrill maintained that it is his interpretation that the Board of County Commissioners be designated as the licensee and that he incorporate those Into licenses already held for the existing 800 MHz Systet~ and proceed accordingly. ,00 000 14 7 l~ge 21 Commissioner Saunders addressed the Issue of a Consultant for technical assistance to the County regarding the 800 MHz System, noting that the Board of County Commissioners was specific when authorizing requests for proposals for the consultant. Commissioner Saunders directed County Manager Dorrtll to arrange interviews with all firms being considered. · ,e D~puty Clerk Hoff~n replaced Recording Secretary Carney at this tile lei (2e4B) OHDINAIC~ 93-40 RKADOPTING, R~CONFIRMING AND RATIFYING TH~ 1992-93 ~ONTN ~ PLAN~ INCLUDING THE L~VEL OF SERVlC~ ~TA]III&]~ FOR LIBI~J~Y COLLECTION - ADOPTED; ORDINANCE 93-4! READOPTING, RE~IFI]~II]~ AND RATIFFING TH~ KEM~DIAL ~ TO TIFE GRONTR :/i['.Libra~iss be 1.05 volu~es per capita. Legal notices having been published tn the Naples Dally News on July 8 and 21, 1993, as evidenced by Affidavits of Publication flied with the Clerk, public hearing was opened. Growth Management Section Chief Litstnger explained that the pur- pose of this item is that the Board consider re-adopting the 1992 Growth Management Plan Amendments including an amended Level of Service (LOS) Standard for the Library collection of 1.05 books per capita as opposed to the current adopted standards. In addition, he requested re-adoption of the Remedial Plan Amendments provided for in Administrative Commission Final Order No. AC-93-036 to correct a pro- cedural error made In filing with the Secretary of State. Mr. Litstnger advised that the Collier County Planning Commission (CCPC) held a public hearing on July 15, 1993 to consider recommen- dations to the Board on both re-adoption ordinances. He reported that the COPe recommends re-adoption of both 1992 Growth Management Plan Amendments as previously adopted and that the LOS Standard for ,00, 000 148' Page 22 JUly 2?, 1993 Hr. Lttstnger reported that the CCPC voted 8/0 to recommend that the Board include up to five cents in additional gas taxes in the revenue sources for the re-adopted Fourth Annual CIE Update and Amendment, and the Implementation of up to five cents in additional gas taxes by super-majority vote at the advertised Public Hearing on August 3, 1993. Hr. Lttsinger explained that the amendments, as presented, are the same as those reviewed and adopted on Hay 25, 1993, with a couple of exceptions. Calling attention to Page 11 of the packet, a summary by Library Director Demarest relative to the situation of the 1.05 books per capita, Mr. Litsinger stated that this would not require any addl- ttonal funding from ad valorem taxes and as a result of recalculattona : of the Library Impact Fee Ordinance it may or not result in a slight Increase in the Library Impact Fee. Mr. Litstnger pointed out that the Remedial Plan Amendment Ordinance and the yellow pages associated with same reflect a change In order to alleviate a recent finding of non-compliance. He recom- mended that the Board Include only the schedule of Capital Improvements relative to road construction and the remaining schedule ~* of Capital Improvements be adopted as part of the 1992 Amendments. Mr. Lttstnger called attention to Page 14 of the packet and suggested in the motion to re-adopt the Remedial Amendments and that the Board direct staff not to delete Policy 1.2.8 relative to a Stor~eater Run-off Utility Fee System. The following persons spoke with regard to this Item: Irma Slaughter Frank Cullen There were no other speakers. Omsm/~t~e~ Smm~ers ~nno~nced that the public he~tng ts closed. In response to Commissioner Volpe, Mr. Lltstnger explained that relative to the Remedial Amendments which are to settle the case esso- Page 23 .~i~.. ~tated with Besets. Kessler and Corkran's challenge to the concurrency ~'-,/ .'pollo7, ts the deletion of the schedules of capital Improvements. He il, remarked that only the schedule of capital improvements for Transportation is being included since that was the nature of the challenge to the concurrency policy. He noted that the overall amend- manta, which include the yellow pages and the previously considered amendments will be re-adopting the entire schedule of capital improve- ments including Parks, Drainage and Roads. Public Services Administrator Olltff advised that by funding the hooks for the Golden Gate Estates Library Branch, the Board has Increased the LOS for Libraries to 1.1 and a credit should be taken for same which would result In obtaining state aid and Increasing the impact fee slightly by approximately $20,000 per year. He indicated that and additional $42,000 in net revenue would be collected the following year. In response to Commissioner Volpe, Library Director Demareat affi~d that the County would receive State Aid to Libraries, regardless o~ the LOS that ts adopted. He revealed that this is based solely on the expenditures to support Library Service Levels. Mr. Lttslnger stated that there are two ordinances for the Boardts consideration. He explained that the ordinance on Page 4 of the packet relates to the re-adoption of the 1992 Plan Amendments. ~~ ~ ~1 of Se~ce for L~brar~ee at 1.1. ~ ~tt~ fa~l~ 2/3 (~laalonera Norris, Yelps and Constantine opposed). Co~nie~toner Volpe moved, meconded by Counisltoner Norrtm and . c~rriedlm~ni~ou~ly, to readopt the 1992 Growth l~nage~mt Plan with m revte~d LOS of 1.05 volu~ee/capita for Library thereby adopting Ordinance 93-40 and entered into Book ]1o. 62. ~t(mez' NltthMm ~:nmd, ~econded by Co~l.t~eloner Volpe t,, r.ndo t th. to th. ~ Plan prwvic-.aly ~dopted on May 25, 1993, with the change 3~1y 27, 1993 motto tnclud~ tho deletion of Policy 1.2.8, thereby 0Td/nsnce 9~-41 and entered into Ordinance Book ~o. 62. (~oo) Ztemd~12B1 Legal notice havlng been published in the Naples Daily News on JUly 8, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. · /:"' Planner Nine orated that the Petitioner proposes to expand the boundaries of the Falling Waters PUD by approximately 50 acres. He noted there will be an Increase of 200 dwelling units in the reelden- rial portion of the property and the possibility of 130 dwelling units, should the alternate method of developing the commercial tract be approved. He announced that the density, as proposed by this expansion, is well within the tolerances of the density rating system and consistent with the Future Land Use Element of the Growth Management Plan. Mr. Nine provided a handout, reflecting supplements to the sti- pulations of the PUD, as recommended by the Planning Commission and the EiB. He pointed out that an additional stipulation, as drafted by ..... Project Review Plan Manager MadaJewekt, ts in response to concerns expressed by neighboring residents. Mr. Nine indicated that there to a drainage issue which neede to be addressed. He explained that Water Management Stipulation C provl- dee a method for resolving this concern. He noted that a pipe will be constructed on the property to the west which will take care of the .drainage on the west and carry it across Cope Lane into the Preserve areas that are to be recharged. He revealed that the petitioner, the petitioner's consultant and the residents of the area concur with the proposed a~reement. ,00, O00,,G 151 Page 25 JUly 27, 1993 Mr. Nlno stated that an issue raised by staff and supported by the Planning Co~mtssion, urges the Board to consider the requirement that this PUD be connected to Cope Lane and that Cope Lane be brought up to count~ standards from the access point of Falling Waters, west to Count~ Barn Road. Mr. Nino suggested that a provision be included in the PUD to ensure the installation of all buffers, as required by the Land Development Code: 10' buffer along any interior lot line; 15' buffer on Co~e Lane~ and a 25' buffer on Davis Boulevard. Planner Nino reported that the Planning Comm~ssion unanimously recommended approval of this petit~on. In response to Co~u~tssioner Volpe, Mr. Nlno advised that the peti- tioner has the choice of whether to develop the commercial tract with either commercial or res~dential, but not a mixture of same. Assistant County Attorney Student advised that requirements relating to a berm and mitigation activities will be reflected in the development commitment section of the PUD. Mr. Grady Minor, representing Hubschman and Associates, stated that 1,550~ of pipe will be installed on the neighboring property, at his client's expense, bringing the water south to Fa/ling Waters and routed across Cope Lane and discharged Into the slough system. In addition, he affirmed that the petitioner has agreed, based upon approval by staff and the South Florida Water Management District, to install two additional pipes under Cope Lane to allow for the water to flow south. Mr. Minor called attention to the issue of paving Cope Lane. Ha stated that he would like to pave the entire road and use it as a construction access or not pave any of the roadway and not utilize it as a construction or residential access. He noted that the Planning Commission recommended that The road be paved to county standards from County Barn Road halfway to enter into the project. He indicated that that access ts not needed since the access will be from Davis Boulevard with a guardhouse. The following persons spoke with regard to this item: 152 Page 26 rfl~ ~ ~ ~ JU ~ 27' ~993 · :~. Miriam Clark i.~, '(: Attorney Sim Stesk¥, representing the Petitioners, called atten- i,[ tlon to the Supplemental Stipulations, Item C, and noted he does not ~:~. have a problem, but requested that the right to commence development as soon as possible on Tract A, the former commercial site Into resi- dential. He indicated that his client will apply to SFWMD for a per- mit within 30 days and once the permit is granted, the drainage facilities will be installed within 60 days. With regard to the Supplemental Stipulations, Item O, Mr. Siesky cited he concurs with the 10' easement, but only as needed. He explained that based upon the agreement with the church, much of the ten feet will not be needed, but will provide It where it ts. Attorney Siesky voiced concern with regard to the County Attorney's request that the eastern most green parcel below Cope Lane not be included within this PUD. Commissioner Volpe suggested that the petitioner grant a conser- vation easement tn this regard, to which Mr. Stesky affirmed willingness to provide. Mr. MadaJewski advised that there will be a problem if those /ands are extracted from the PUD, since they encompass the green space, open space and the 25~ retained native vegetation to allow the additional 200+ un/ts. (,~, County Attorney Cuyler stated that he sees no major problem, if £'[' ~ the Board desires to keep that land within the PUD. The concurred that the land would remain within the PUD. Oellmtmmio~w~ B~undera stated t~t the ~bltc ~t~ Responding to Commissioner Matthews, Mr. Minor advised that there will be a total of ?99 dwelling units on the entire PUD and the den- sity is 5.7 dwelling units per acre. In answer to concerns raised by Commissioner Constantine, Planner Nine quoted the LDC as follows: "For purposes of the Planned Unit Development District only the terms conttgnous abutting property or Page 27 July 27, 1993 adjacent property shall include properties separated by either an intervening plan or a developed public street right-of-way provided however that no portion of such separated properties shall be less than five acres as set forth In Section 2.2.20.2.4," Commissioner Volpe stated that he is in support of converting the > 17.25 acres of commercial to residential but noted concerns relating i'?~, to the additional 200 acres. Mr. Ntno detailed the placement of the ~::: . 'additional 200 units. County Attorney Cuyler advised that the petitioner has Indicated agreement to strike the language and deal with the problems relating to their on-site mitigation In the rest of the PUD, Mr. MadaJewskt suggested the following additional stipulation with regard to removing the five acres: "Before Tract A approval is given, the petitioner te required to come before the Board and demonstrate · where the 25~ will be." Mr. Minor concurred with the suggested language. Mr. MadaJew~kt called attention to Item C of the Supplemental Stipulations and requested that the following language be added after new/added lands: ", with the exception of Tract A of the Falling Waters Plat. Within 30 days from approval of this petition the appli- cant will file with the South Florida Water Management District a per- mit modification to create the off-site conveyance facilities for the · bypasa Jointly submitted to the County for review and approval; and within 60 days upon approval by both the District and the County that those facilities be constructed and placed into use." Transportation Services Administrator Archibald announced that one Item to be addressed relates to property the county owns which Is located between Parcels "S" and "R". He noted that staff discussed gra~.ting a permit in accordance with Ordinance 82-91. In addition, he reported that the applicant desires that the County grant an easement. He Indicated that staff la tn favor of the easement so that the appli- cant would have easement rights and access between their parcels. He indicated that the petitioner has property rights between this sub- Page 28 Suly 27, 1993 division and Davis Boulevard and has offered to provide certain rights-of-way to the County. Attorney Siesky Iljustrated on the map the approximate location of the right-of-way the developer will dedicate to the County in exchange [ for an access easement. ..: Mr. Archibald explained that tn lieu of the right-of-way permit, Consideration could be given to an easement that would provide addi- tional rights to the adjacent landowners. He remarked that the county would receive right-of-way on the future alignment of Santa Barbara Boulevard. He reported that he would expect 100~ of right-of-way on the east side of the Section line from the existing right-of-way of Davis Boulevard to the platted properties. Mr. Siesky stated that Mr. Archibald has suggested a few con- ditions with regard to the restoration of the County barrow site in and around the proposed access improvements to be tn compliance with all County ordinances. He reported that this Is the lake area which has many boulders. He advised that representatives from the church have Indicated that they do not want this removed since they like the ', rough atmosphere. He noted that a substantla! berm will be provided ,i}~- tn addition to vegetative screening to protect the view of the lake. '~': Mr. Archibald remarked that the intent is to confine the restora- "; tton to the easement area. He explained that the developer will be glven easement rights for approximately 8,000 square feet of property owned by the County and tn turn, the County will be receiving 125,000 square feet of future road right-of-way. ~m~J~mmly, to approve ~etttton PoD-g2-13 ~ubJect to ataff'a the foll~tng ~ddttiona! conditions: Tract "V' to be deleted f~ the ~ and the property owner to 9Tant a conservation e~ee~ent to the County wtth ra~;~ect to that tract of l~nd; the C~unt~ to ~r~nt ~n e~ement over Tract 'S-I' In exchange for the dedication of 100e ~ rt~t-of-~F along the autsrn boundary of Sactton 9 wtth~mt m~ ~i~s~tto~ of tpct f# credits to the l~tttto~r; of Tract "&", the petitioner et mt~ng t~ 25~ prelemt~ et ~t~w ~b~tlt ~t~er to ~all 3,500 feet et ptp~g for ~ to ~ ~ ~ bright up to C~ et~~ to with re~tnder ~ing ~ed to Icc~te the ne~- ~ce~; the 17.25 acrs comrctal ~cel to ~lwtal ~~t. 6.7 =C" ~ "G= to ~ ~t~ ~d 3lt~ t~ ~3y 29, 1923, for lnco~rl~ into ~~~. 62. Legal notice having been pub//shed in the Naples Daily News on July 11, 1993, as evidenced by Affidavit of Publication filed with the Clerk, pub/lc hearing was opened. Chairman Saunders announced that this item will be discussed in conjunction with Companion Items #12B2 and #12C4. Planner Nine stated that the petitioner desires to remove 325 acres from the Park/ands Development Order and adding same to Quail West. He indicated that the development potential of the Parklands · will be reduced by 807 dwelling unite, however, 19! units will be added to Quail West. Mr. Nine advised that staff has met with staff from Lee County '~'.' With regard to an integrated approach to a thoroughfare which would extend from I~mokalee Road to Bonita Beach Road. He noted that tn the event the anticipated alignment on the east side of the Parklands PUD cannot be permitted due to environmental conditions, the petitioner will guarantee a right-of-way of 75' and make arrangements to construct a two-laned facility soaewhere within the next mile west of Page 30 July 27, 1993 the easterly /ins. He indicated that the Southwest Florida Regional Planning Council and Lee County have expressed concern that in addi- tion to acknowledging the possibility of shifting the roadway within a one mile corridor, there would need to be notification to the Development Order provision. Planner Nine expressed that the developer has proposed alternative language with regard to the flex/biltt¥ of the location of the school site. He noted that revised language in the document allows for that site to be decided at the time development is initiated in the Parklands Development Order. Attorney Steve Hartzel, representing the appl/cant, stated that tho language contained in Section 8.11 of the PUD document represents the language proposed to the School Board attorney. Ca/ling attention to the proposed modification of the last Paragraph, he offered the following language to be added after "i8 sought": "... or approval is sought for the removal of other lands from the Parklands DRI Collier Count~ port/on, the location of the 15-acre school site may be reconsidered..." Dr. Robert Ferrante of the School Board concurred with the language as read. Conisstoner Volpe remarked that should the School Board decide not to accept the dedication of the 15 acre parcel of land, the deve- loper would pay impact fees. He questioned how the impact fees would be calculated. Dr. Ferrante replied that calculat/ons would be based on the value at the t/me of the 8ale. There were no other speakers. On Ag~m4~ It~ ,12B2, #12C3 and #12C4. Mr. N/no referred to Item #12C4, the bottom of Page 15 of the Executive Summary. He explained that the County Attorney's office has expressed concern w/th regard to a portion of the following language: "If right-of-way acquts.ttton/dedtcatton and/or road construction ob11- Page 31 July 27, 1993 gations which are imposed by this development order cannot be accom- modated because of environmental permitting or other problems...' He stated that 'or other problems' should be deleted and replaced with 'water management, hazardous waste, archaeological or other con- siderations relating to the nature of the proposed alignment.' He Indicated that the end of that Paragraph would Include the following: #however, a notice of proposed change pursuant to Chapter 380.06 F.S. shall be required.' Mr. Hartzel concurred with the language as read by Mr. Nine. clz~lsd unanimously, that r~vtsiono to the Parkland~ Devolopuent Order does not _-~t_~ tarots m substantial ~evtatton, and that Resolution OS-lO7 be edepted, o Page 32 July 27, 1993 ~ ~ 93-1/I~,SOLUTT0Sl 93-288, R~ ]P~'TTT~[O~ DOA-93-:l, ~ ~ ~~ ~~ OF REGiOnAL TI~'ACT (DI~) AJlD HAS"I'ER Legal notice having been published tn the Naples Daily News on July 11, 1993, as evidenced by Affidavit of l>ubltcatton filed with the Clerk, public hearing was opened. This ttea was discussed tn conjunction with Items #12B2 and #12C3. C~AH m~ly, to a~m ~tAt$~ ~A-93-1, thero~ ~tA~ ~l~t ~r 93-2 ~ Re~lutL~ 93-288, Lnclud~ng the ~c~ fl~Ab$llW of the locatl~ of the road ~ the ~tAce pr~tm~on to 000 , 188 Page 33 ~Ul¥ 2?, 1993 O~D~ 93-43, RI POD-83-24(1), PETITION TO REZONE CERTAIN LAND FROH Legal notice having been published tn the Naples Dally News on July 8, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This ~tem was heard tn conjunction with Items #12C3 and #12C4. O.~..Amt~N~tihe~ov~d, ~eoondedbFCmissioner Volpeand CaZTled~~ly, to mpprove hr/t/on PUD-83-24(I), subject to the 8men4ml ]~ng~uge with z~gard to the ochoo! site, thereOF Idopt/ng CtrdJJBBso O~-4S ~nd entered Into 0=dlnance Book No. 62. (284) 0RD/]SABCIOS-44RIPITITIONIKTD-89-3(1), WZLLIAMR. VINE8 0PVIIFKS& ASSOC., I]lC. RKPRESKNTIIM QUAIL WEST LIMITED RIQUESTING A RKZOWE FROM P~D TO POD FOR P~RPOSEH OF ATTACHING TO THE QUAIL WEST POD A TRACT 0Y Legal notice having been published tn the Naples Daily News on July 8, 1993, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. Planner N/no announced that this petttton ts a request to expand the Quail west pro~ect by 323.19 acres with the development of same Including 191 dwelling units and a nine hole golf course. He revealed there is no inconsistent relationship with the ~rowth Management Plan and a~l environments! preservation concerns have been addressed. Mr. Ntno advised that the Collier County Planning Commission una- nimously recommended approval of this petition. He noted that staff recommends approval of thte request. There were no speakers. In answer to Commissioner Volpe, Mr. Bill Vines stated that the Army Corps of Engineer and Water Management District permits have been obtained and the final construction plan approvals from the County are currently belng reviewed. 000 ,o -216 Page 34 JUly 27, 1993 ;." '~i~ maunders stat~ that the public he~rtn~ is cloee~. ~tg ~~ly, to a~ htttta ~89-3(1), ~b~t to ~*o ~i~latt~, nd t~t ~imce 93-44 ~ ad~t~ ,o. ,2. eeo .~: 4:00 P.M. - ~c~: 4:20 P.M. ~ ~t~ ~in ~lac~ ~ Clerk Hof~ (SOO) ~~ 9~-48 ~I~ O~l~[ 85-39 ~AI~INO ~ July 8, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Tom Conrecode, Director of Capital Projects Management, explained approval of this request will simply change the pre-payment period for assessments from 60 to 30 days to comply with Chapter 197 of the Florida Statutes. Commissioner maunders stated the public hearing is closed. ~ts~/e~e~ V~lpe ~:~,ed, mecondmi by Commissioner ~o~i8 ~/e~ 4/O, t~ ~ the ~wn~wnt to Ordinance 85-39, ~~ 0~5 ~ ~t~ ~ ~ter~ into Ordt~ce ~k No. 62. (4S0) Legal notice having been published In the Naples Dally News on July 8, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Co.missioner maunders noted thts Item deals with the same type of aend~snt am the previous item. Commissioner Saundt, rs stated the public hearing 18 closed. ~U3y 27, 2003 curried 4/0, to 8pprove the 8sendBent to 0FdLnonce 88-32, 8nd thit ~ 0~--46 ~ ~t~ ~ ~teF~ ~nto'0rd~ce ~k Io. 62. os, ~~i~r htthM re~ed to the Meting at thio tiM. Assistant Couty Attorney David Welgel noted he has provided the Clerk w~h a con,cat,on from Nabors, Glblin & N~ckerson, P.A., bond co~sel, who have assisted Staff w~th both Special Assessment D~otr~cts on ~s~es before the Board this date. He noted they are reco~endlng that the Board authorize the County Attorney's Off,ce to advertise ~en~ents to be brought back to the Board to clarify ~he collection procedures for both Assessment D~stricts. ~ ~t~ ~~ly, to ~t~rtze the C~W Itton~s Office to ~~ ~ts to ~dt~c~ 85-32 ~d 88-23. (~0~) A ~ZC ~~ ~ ~ZD~ ~ZO~ OF A ~SOL~ZOI ~ZIG ~ ~~ ~~ ~ ~ ~ FZ~ ~S~~ ROLL ~ ~ ~ ~ ~-~ V~ ~S~~ ROLL ~R ~S~ OF ~ZLZZZNG ~ZT - ~Z~ ~ 8/3/93 Legal notice having been published In the Naples Dally News on July 6, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Hr. Conrecode asked the Board to adopt the preliminary assessment roll as the final assessment roll and to adopt same as the non-ad valorem assessment roll for the Naples Production Park MST&BU. The following people spoke regarding this item: Dudley Goodlette Dan Jefttch Norsmn Sa~ol Nick Norgart The following responses were given to concerns expressed by the 'public speakers. '~.:. Tom Peek with Wilson, Miller, Barton & Peek, Inc., responded to ~:! . Mr. Jefttch, stating he was not aware of any drainage problems within Naples Production Park since the drainage system was completed. He ,so; Page 36 3Uly 27, 1993 stated.the engineer will go to Mr. 3efttch's address at 3637 Prospect Avenue and investigate the situation. Re indicated if there are any circu~stances within the drainage system that are not permitting it to flow correctly, remedies are available to insure the problems are corrected since the project is still under warranty. Harry Huber, Technical Services Supervisor for the Office of Capital Projects Management, noted that Mr. Samol's property on Washington Street is within the Pine Ridge Industrial Park and does not pertain to this item; however, he will look into his concerns about the open swale placed within a few feet behind hie building. County Manager Dorrill commented any effort to enclose what were designed and constructed as open ~wales may involve additional costs for the overall district, however, Mr. Samol~s situation will be eva- justed to determine if it t8 a safety hazard and should be enclosed with a culvert and catch basin8 Com~issioner Volpe noted this issue has come up before, and the Board needs to have a policy of uniform application for undertaking additional efforts such as being requested by Mr. Samol. Mr. Conrecode communicated the area surrounding Mr. Norgart~s pro- perty is completely paved and was a pre-existing condition prior to this project. He said he will personally investigate whether the lighting distributor next to Mr. Norgart~s property has done something beyond zoning and without a building permit. He added a structure was put in with an inlet in front of Mr. Norgart~s property to contain that drainage, but part of the problem is that not only is his parcel being drained, all the Fibber McGee properties w/thin that area are being drained as well. Mr. Peek added that Mr. Norgart's concerns have not gone unheeded. Ha said they are now looking into. placing additional pipe in the ditch that leads to Airport Road to help alleviate that drainage accumula- tion, and attempts are continuing to define a solution to all the problems. Com~tesioner Saundere stated the public hearing is closed. Page 37 3uly 2?, 1993 '; co,,~tsstoner Norris asked the Board to address the concerns expressed b~ Attorney Goodlette with regard to the three-party agreement between United Parcel Service, Radio Road Joint Venture and Collier County that exempted those two entities from this assessment. Ha said the Board needs to know if it is, in fact, the County's responsibility to accept that proportionate share of the costs, rather than be/ng paid by the Assessment District /tself, before this item can be approved. .'~ Mr. Peek detailed the three-party agreement and the rationale behind excluding United Parcel Service and Radio Road Joint Venture from assessments as part of this M.S.T. & B.U. A lengthy discussion ensued regarding the above stated agreement. ~t~m~r Volpe ~c~d, to ~ the prelilinar~ a~ee~nt roll ~ ~ f~l ~~t ~11 for t~ Naples ~ctt~ ~k Mu~tctI~/ S~rvtc~ T~xAng and B~eftt Unit; that the calculatt~n~ be ~ade to include the three parcels that ~re excluded ba~d upon a thx~-~ ~t bet~en Collier Coun~ and the prc~ert~ c~enar~; that ~he C~unt~be given credit for t~e three tte~ enumerated b~Mr. ~ah~r ~aA~t~t tha umee~entaw~uld be for theme thr~e parcels; · ~ tl~t ~t~T£ Ad~ntif~ th~ appropriate funding ~=urce to P~ th~ be~ o~ that ~wment. i;~'ii' A~siatant County Attorney Wetgel indicated changes must be made to the resolution contained in the agenda package. He referred to the last sentence of Section Three on page 4 of the resolution, and asked that it be amended to read, "Such rebate shall be paid within 60 days of the date on which the bonds are issued." Re noted another change in Section Three will amend the fifth line from the bottom of page 5 to begin, "this Section 3; (3) redemption premium, if any, relating to calling the Bonds." He also suggested the effective date of the reso- lution be changed to July 30, 1993. He concluded the same changes will be requested for the next item concerning the Pine Ridge In~ustria! Park M.S.T. & B.U. Mr. Huber noted several additional items need to be placed on the Page 38 ~,~ i~ecord. -He said Parcel 229 ~ust be removed from the assessment roll :'Secauee they did not receive any benefits and the property was placed on the roll in error. He indicated a parcel ia owned by the State Division of Forestry and questions were raised whether or not they could legitimately be assessed. He said the County Attorney's Office has determined that it is a va/id assessment. The ~tt= m seconded b~ Co~ialtoneF Constantine, Coutssioner Saunders objected to the motion. He suggested an issue concerning a potential $200,000 has not been resolved because ii! the Board has not determined how those funds will be paid, yet there ia no willin~nees to continue this item for one week to let Staff eva- [ ~' justs the hatter. .. .Couutsetoner Volpe suggested he would agree to a mot/on made by Commissioner Saunders to table the motion for one week. ~mmmd~ei~m~w~,~,,,~ez'~moved, eeconded bFOmmatulo~e~Volpe~nd ~t~ ~ly, to table t~ mtt~ for Ass/st~t Catty Attorney We/gel asked the Board to re-open the ~bl~c hearing ~d continue th~e ~tem to Auger 3, 1993. ~t~~ S, 1993. ~ ~ ~ ~ES OF WILIZIRG ~ WI~ ~D OF ~~ OF ~ ~~, ~INA~ I~O~, DI~~ ~ ~ S~T~ S~ ~ ~IR ~ PI~ ~ ~ P~ ~CIP~ S~CE T~NG ~ B~IT ~IT - Legal notice having been pub//shed tn the Naples Daily News on July 6, 1993, as evidenced by Affidavit of Publication filed with the '.~j:'j Clerk, public hearing was opened. :: ':-:/':: Tho following persons spoke regarding this item: Terry Fitzgerald Wade Turner · Joyceanna Raut is ../::,. The following responses were given to concerns expressed by the Nr. Peek agreed with Mr. Fitzgerald that the correct front footage for parcel 38 is 200,5 feet rather than 205 feet, and the assessment will reflect that change. Mr. Conrecode added that the final figures for this M.S.T. & B.U. include acquisition and financing costs, which are the areas with the biggest increases over the original estimates. In response to County Manager Dorrlll, Mr. Huber indicated the "Parcel owned by the Big Cypress Basin Board is being included in this Commissioner Saunders stated the public hearing is closed. Mr. Huber noted for the record the fo/lowing changes to the assessment roll: parcel 76 will not be assessed for water because they are not receiving any new benefit from the district- parcel 38 will be corrected to reflect front footage of 200.5 feet; front footage for parcel 57 will be decreased by 15 feet due to a recent deed of land to the County for a drainage easement; front footage for parcel 232.0 will be reduced by 10 feet because the county was required to relocate the property owner's fence so that he no longer has viable use of that property. Assistant County Attorney Weigel noted the same changes as were recommended in the resolution for the Naples Production Park M.S.T. a B.U. ars being requested for this item. Oe~e~elooer Volp~ mov~, ~ by Cou~issionmr ~orrim and C~-T/e~ u~em/mov~l¥, to approve the praltntnary assessment roll u the final ~t roll for tha Pine Rtd~e Industrtml park Muntglpal Servic~ T~r/n~ ~nd Benefit Unit, with thru chani~es recommended by Mr. Nube~ ~ &smtg~nt County Attorney NetGel, thereby adoptln~ *OOK 000 , :222 Page 40 July ~:TDeA'T ~ N:Z~OT.,OTZ01~ 93-35 ~ 93-39 - 1993 Legal notice having been published in the Naples DaAl¥ News on July 21, 1993, as evidenced by Affidavit of Publication filed with the ~?i.~Clerk, public hearing was opened. Finance Director Yonkosky presented resolutions which amend the Fiscal Year 1992-93 adopted budget in accordance with Chapter 129.06, Florida Statutes. He noted the budget amendments have all been pre- viouely approved by the Board. Comniesioner Saundere stated the public hearing i8 closed. Page 41 /~ ~- July 27 1993 .~' ORD/]ia~ ~3-47 AN~XNG 0RDI~LMCE 90-30, Legal notice having been published in the Naples Daily News on July 8, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. : Assistant County Attorney Weigel indicated this amendment will provide for flexibility in collection service and billing for certain residential units receiving a commercial solid waste collection and disposal service. He said it will allow a measure of flexibility and choice to homeowners associations or condominium unit associations to pay for a co.martial type service rather than residential. He cautioned any associations or owners wishing to utilize this flexibi- lit~ to first confer with Solid Waste Staff to determine which method will work best for them. ConissAoner Volpe recalled this amendment was to' pertain to four- plax buildings. Assistant County Attorney Weigel agreed, explaining that m building may have one floor above another rather than side by side, but this option will be limited to no more than four units. Commissioner Saunders stated the public hearing is closed. ~t~e~,z'Volpe loved, liconded by ContlltOner Conltanttne and CaLZ~tedurJil~mm~l¥, that Ordinance g$-47 mlendtngOrdtnance 90-30, u Imen~le~, be ido~ted Ind entered into Ordinance Book No. 62. (e60) I~T/T~O~&-9~-4, ENLMP BOGGY, IRC., Iq~QU~TING XNLDII~]I/STI~ILTZV~ &FF/~L OF T~ SlT~ D~V~T,0F)~I/T RZ~/g~ DZR~CTOR~S Z1qT~RPIt~&TION THAT & FL~AM~HTLOCAT~DAT TH~ FLORIDA SPORT~ PARK IS ZNCOI~X~'T~TXT'H A~DROT ~ BY EITIFER~ COLLIER COUN~r~ GRONTH MANA~NT PLAN OR T~ L~ND D~V]~O~ CODE (AS IMPLEMENTED BY TH~ ~NAMP BUG~ DAT~ POD) -APP~A~ ~K~NT~D; FLEA MAREETALLO~ED TO CONTINUE AT CU1~I~ENT SIZE Legal not/ce having been published in the Naples Daily News on July 11, 1993, as evidenced by Affidavit of Publication filed with the OOO Page 42 July 27, 1993 Cierk,.' I;m. blic hearing was opened. ., Co--issioner Saunders reported this issue concerns the flea market at the Florida Sports Park which was discussed at length several months ago. He recalled Staff was to attempt to resolve the matter, which apparently was not possible, resulting in this appeal of the Staff determination that a flea market was not contemplated tn the original PUD. Frank Brutt, Community Development Services Administrator, agreed, stating this is an opportunity for the Board of County Commissioners to review the position of Staff and the County Attorney relative to the formal Interpretation process. Specifically, he said, Staff has concluded that the flea market is not a use permitted vim the PUD. He co~mented the Board now has the opportunity to uphold or over.urn that decision. He advised if the interpretation ts overturned and the Board makes a finding that the uae was originally anticipated in the PUD Document, the flea market would then be found consistent with the Growth Management Plan. Mike Davis, member of the Board of Directors of the Florida Sports Park, Swamp Buggy, Inc., asked the Board to overturn Staff's interpre- tation ·nd find that the flea market was anticipated in the PUD Document. Contssloner Saunder8 stated the public hearing is closed. In response to Commissioner Volpe, Mr. Davis offered to restrict the flea market to its current size. ;.,.;.. '(1147) ~ ~ NOrD - ADOPTED SUBJECT TO PETITIOB~R*S A~RK~il3FF SHEET Legal notice having been published In the Naples Daily News on July 11, 1993, as evidenced by Affidavit of Publication flied with the ,00, O00,,,:zgt Page 43 ~'~ Clerk, public hearing was opened. ' ' ,. Planner Bryan Milk presented a request from Temple Shalom to .., :... operate a child care center at their existing temple located at 4630 Pine Ridge Road. He said the subject property is located in the Estates Zoning District and ts approximately 9.5 acres in size. 'He recalled Temple Shalom was approved tn 1989 by Resolution 89-213, which permitted a conditional use for a temple and related facilities on site. He Indicated the temple was completed tn the fall of 1991 and presently houses the religious, educational, cultural and social life of the 3ewtsh conuntty of Collier County, comprised of 400 famt- Planner Milk continued, stating Temple Shalom proposes to operate child care center, Monday through Friday, from 7:00 A.M. to 6:00 P.M., utilizing the existing educational wing which currently provides classroom facilities. Re reported a ~axtmu~ of ?0 children from newborns to five years of age will be enrolled in the program. He communicated the ex/sting temple provides a drop off point for children, adequate vehicular stacking lanes, a fenced outdoor play area and adequate parking. He noted the CCPC has recommended approval and Staff has received no objections to this request. He added the Board is also being requested to consider and approve General Plan Interpretation GP-42-I, issued May 27, 1993, by the Collier County Long Range Plargi~ng Section. He said this interpretation addressed adding a ne~e conditional use to an existing conditional use wlthtn the Estates land use dest~natton. Planner Milk communicated an Issue has been brought to his atten- tion with regard to whether or not additional road impact fees should be assessed for the child care center. CounTy Manager Dorrtll stated additional road impact fees would only be applied if the temple filed for a building permit to make e substantial modification to the building. He said a change tn use does not constitute a change In the building. Irving Borzon, representing the petitioner, reported no physical Page 44 'changes will be ~ade to the building to accouodate the child care Cow-tssioner Saunders stated the public hearing is closed. C~m~l~~ Volp~ ~ov~d, seconded by Cm~sei~r C~t~t~ne ~~ ~~1~, to ~ ~t~t~ ~-93-6 ~bJ~t to the ~it~om ~t Sh~t, the~ m~t~ng boluti~ 93-2~. 296 Page 45 July 2?, 1993 PKTITH~8$'GO-9~-8, MAURICK KANE REQUESTING & CONDITIONAL USE OF TH~ C-4 ZOJFIIJ8 IF~STRXCT F~Jt & USED CAR LOT FOR FROPERTY LOC&TED &T THE ~ ~3r~itS~JTXON OF Pr~Z RZIME ROAD ~ U.S. 42. - ITENIND Legal notice having been published in the Naples Daily News on July il, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders advised that he will abstain from voting on this item due to prior Involvement with Mr. Maurlce Kane, which may constitute the appearance of a conflict of Interest. County Attorney Cu¥1er noted this request requires four affir- Rative votes for approval. Planner Milk presented a request for conditional use tn the C-4 .Zoning District for a used car lot located at the southeast corner of U.S. 4! and Pine Ridge Road. He said the subject site and the majority of surrounding property are improved, with the exception of the C-4 property located south of the subject site which ts currently undergoing construction of a professional office complex. He tndt- cared the C-4 Zoning District permits used car lots as a conditional use or as an accessory use. Commissioner Volpe communicated he has reservations about allowing used car lot at this location because of the buffering that exists at this key Intersection of the community. Planner Milk continued, stating the subject site has been histori- cally utilized as a new car dealership with accessory used car sales and an automotive service department. Due to the relocation six months ago of the new car dealership, he said, the subject site has been .unoccupied for more than 90 days requiring any re-use of the pro- perry to be a conforming use. He advised a stand alone car dealership is not m permitted use in the C-4 Zoning District, but Ray be per- Bitted via the conditional use process. He noted the CCPC recommended approval by a vote of 4/3, subject to stipulating that the petitioner shall comply 100 percen'¢ with the landscaping and buffer requirements 000,, ,303 Page 46 July 27, 1993 set forth in Division 2.4 of the Collier County Land Development Code. He communicated Attorney Bruce Anderson, representing the owner of the --of,c. complex rr.ntly und.r con.t ction .outh of the bJect site, spoke tn opposition to the proposed petition. In response to Commissioner Saunders, Planner Milk indicated Staff has concluded the requested use at this location would be appropriate, providing the necessary buffering and landscaping required by the LDC are in place. The following person spoke regarding this item: Lee Layne WIlltu L. McDanlel, Jr., representing the petitioner, agreed that the l~ndacape plan does not strictly meet the requirements of the LDC for a 20-foot buffer around the exterior of the property. He said the parcel'now has approximately 10 feet tn most places with tn excess of 20 feet tn a few areas. He noted with the combination of the right- of-way buffer currently tn place as well as the Present buffer on the property, the necessary buffer ia exceeded. Re said although the LDC states those two buffers cannot be combined to meet the requirements, the LDC also states those requirements were established to protect the general publtc from unsightly displays, glare, noise, etc. He reported Standing on U.S. 41 or Pine Ridge Road, there will ultimately be in excess of 30 feet from the street to the parking area. He com- municated the used car lot ts an interim use, and it is the ultimate intent of the petitioner to sell this piece of property. He requested not to be required to peel parking lot to provide a 20-foot buffer and instead, plant within their 10 feet the necessary trees and shrubs ~equtred under the LDC. The fo/lowing person spoke regarding this Item: Bruce Anderson Co,missioner Constantine communicated his concern with the aesthe- tics of allowing this property to remain vacant. Mr. McDantel indicated it is probable that this corner will u/ti- Page 47 JUly 27, 1993 ~ately be.developed. He said if the petitioner is required to remove a-portion of the parking lot, he could choose to do nothing because of the coats involved. He concluded that although a used car lot may not be the best use of the site, it will increase the aesthetics. Commissioner Constantine stated the public hearing is closed. Co~issioner Volpe ~oved, to deny Petition 0U-93-8. The ~otion died for lack of a second. Co~tasioner Norris ~ed, seconded ~ CocA.eisner ~tth~, to a~rov~ ~titA~ ~-93-8, ~bJect to the l~caping ~ing 100 ~r- c~t of t~ = r~re~nts. In response to Co~lss~oner Volpe, Mr. McDan~el stated the use will co~ence in a very short per~od of intended as an Interns use and, ~n fact, activity Is now taking place for purchase of this property for future development. ~ call for the ~est~on, the ~t~on fa~led Vol~ o~ ~d Co~smloner Sanders abstained). 000 Page 48 July 27, :1993 eeo At thi. tim Recording Secretary Carney replaced Recordln~ '~' ; Sacratmr~ Gumvin lie (2913) Itmm#XSA4 ltISOLUTION 93-291 RE PETITION CU-93-?, MARCO MOVIES, INC. REQUESTING CONDITIONAL USE "?" OF THE C-S ZONINQ DISTRICT FOR A MOTION PICTURE THEATER FOR PROPERTY LOCATED AT 599 SOUTH COLLIER BOULEVARD UNIT 103-A - ADOPTED Legal notice having been published in the Naples Daily News on · .July 11, 1993 as evidenced by Affidavit of Publication filed with the : Clerk, public hearing was opened. Robert Nulhere, Current Planning, explained the intent of the i' Petition and recalled that a similar petition was heard several months before. Ne stated that Staff recommends approval subject to the con- - ~.' dlttons on the agreement sheet. '' 7' .In response to Commissioner Norris, Mr. Mulhere replied that his · only concern ts adequate stgnage for parking, but added that this ts . . added as a condition. Commissioner Saunders closed the public hearing. Commissioner Norris moved, seconded by Com~tssioner Con~t~ntine · nd cirriedun~ni~ously, to approve Petition cu-g3-7, thereby ~dopttng Relolutton 93-291. Page 49 1993 ' J~Z:~O~I~ ~-292 ~ PETI?TON V-93-20, B~Clg: &ND B~C]C~ N~lkVZ]t, ~ & 4~ ~ VJLRIJL~CE ~tON 1~g REQUIRED ]~JLR YJLRD O~ ?~ ~ TO 2? ~ ~ ~ T,,OCATED AT 1170 ST. C'LILIR S'BORES ROILD - Legal notice having been published tn the Naples Daily News on July 11, 1993 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. .i In response to Commissioner Volpe, Planner Scheff confirmed that th/s 18 ~n error caused by Staff. Commissioner Saunders closed the public hearing. Om~m/~e/oDe~ Conlt~nttne movld, ~econded by Cmmtestonir Voll~ ~nd (:m~tlMIl~llatlm~l¥, tO ~ZY~Vl Petttton V-93-10, theztbym~o~ttng Page 50 July 27, 1993 , ..(also) . ~,,-,..;.. zteu d~lOml Planner Scheff advised that this conditional use was approved last ·year. Connissioner Constantine asked if this is a request for an exten- ?'[ sion? Fred Bloetscher, Assistant Utilities Administrator, replied that a :' provisional use was granted a year ago. He said bids were taken for ~:. the expansion off the existing sewage treatment plant, but a bid pro- (!)' test ~as received and the end result is a request for this extension. ": Co=Isotoner Saunders closed the public hearing. ~uto~ C~_-tanttns ~d, seconded by Co~tssion~ ~tth~ ;~.. ~d ~-~tg =t~ously, to approve Petition CU-92-7, thereby ~dopttng Page 51 3U1¥ 27~ 1993 ~011 9S-294 RI PETTTTON CU-92-6, R. L. SCHMZCEPEPER, IRC. ~ FAITH L~ CHURCH OF NAPLKS, FLORIDA, 13lC. RKQUF~TING KXT'KJlSIOli' OF & COIID'rTIOIIAL USE FOR ACCESSORY USES TO A CHURCH WITHIN THE JlOIt'THI&ST qUADRANT OF GOODLKTTZ-FRAI/K ROAD AND SOLANA ROAD - Conisstoner Volpe confirmed that this is an extension of a pre- vtousl¥ approved conditional use. Comatssioner Saunders closed the public hearing. Comm/sstoue~ {Jox'~is~, oecondedbyComRtsetonerMitthewo and c:~t~T~,~l~, to 8~p~ove Petition CU-92-6, thez~by adopting Page 52 ..:j: Ad~intstrative Assistant to the Board F//son notified the Board ?i.. that she has contacted the Marco Island Chamber of Commerce and the Marco Island Town Hall meeting has been scheduled for October 27, 1993 at 5:30 p.m., location to be disclosed at a later date. Ms. Fi/son stated that she received a letter from Mary Weigle of ~ possibly generating some publicity to compensate for any loss to the ~i',:, that feel some of the ~ccumulated funds of the water/sewer utilities " · could I~ u~ed to retire some of the debt on the Drainage Bond side. Page 53 Commissioner Volpe suggested adding the possible change of date for the first Budget Hearing to the Pelican Bay meeting agenda for Thursday, July 29, 1990. County Manager Dorrill called attention to the Board of County Co~isstoners regarding a contingent of residents from Pelican Bay bars of the committee it was agreed that the proposed tasks could be accomplished without replacement of the three positions this year. Count~ Manager Dorrill suggested that Ms. Fllson begin the process to replace those members. Co~m~ssioner Saunders directed Ms. Fi/son to confirm the number of vacancies and proceed with the replacement process. Commissioner Saunders mentioned that he received a telephone call fro~ & ~roup in Golden Gate who have spent money on advertising the proposed September 8, 1993 So/Id Waste Workshop, which was postponed due to conflicting Budget Hearings. Co~iesioner Constantine suggested that the weekly Golden Gate newspaper ~ay be able advertise the date changes. Co~missioner Saunders suggested re-advertising the meeting and the Productivity Committee Informing her that three members of the Committee have resigned and after consulting with the remaining mem- ,~?'.)Dorrill said he feels it would be an improper use of the funds and 'should not be allowed. 'Couisaloner Constantine recalled that a report was received from Developmental Services outlining proposed changes and Improvements to their service, nottng a progress report Is scheduled for next week. He further discussed this subject with Mr. Dorrtll and requested a Presentation. .. :'.~ County Nanager Dorrtll noted that the progress report ts scheduled as a regular agenda item. ~.. · CouiSsloner Volpe reported that on behalf of the Board, he ';;recently met with the Bonita Springs Chamber of Commerce and Coniseloner Suds of Lee County and as a result of that meeting there ts a renewed request to schedule semi-annual meetings between the Board of County Commissioners of both counties. Com~isetoner Saunders requested Staff present possible meeting dates for the Fall. ese ~#tOIlel' Constantine ~ove~, seconded by Co~issioner ~tthme~ and carried 5/0, that the following items under the con- ·esrt aq~mda be app~ and/or ~opted: es. lte~ ~A6AI PAT14~rF FO~ THE R~ICIVAL OF DONNED TRE~S AND DlrBRXS RESULTING FROM HURRI~BJI~ ~ I! AREAS IN COLLIER COUNTY OTHER THAN MARCO ISLAND - ~ ~ ~ OF $14,050 · .JlIL~]IT~iI&I~'' BOIID ~ ACC~P'I'~D FOR BOND NO. K04334127, KMKlqALD LAKES AT'BB:IB~BT,~'w - UNIT ~ Se. Pag.s,3q' ' · 0~-276 RXLKASI~G THE MA131TKNAIICZ: SKCURZTY AID GRAFfZNG ACCKFTAIICl OF ~ ROADWAY, DRAINAGE, MATER AIlD BKMKR FOR THE F13LILT, PLAT OF m$OOTHPORT ON TH~ BAY, UII~T ONK' See Page Xte~ ~16A4 RESOL~TXON 95-277 lt~LEASXNG TH~ MAX~ANCE SE~;OkXTY AND GRAXTXNG FINAL AC~EFT~ OF Tu'-= ROJtD%~Y, DRAINAC~, NITER AND S~ER ~ FOR THE FINAL PLAT OF BSOUTRPORT ON TR~ BAY, UNIT Page 54 ~u~¥ 27, ~993 I~I~OLUTXSIO0-2?8 JI:ILEASZJ~G THE M&IFI"KILIk~ SKCURZTYA]ID GRA]IT~li~ TII&L~ Oir THE ROADWAY~ DRAZH&IFK~ M&TKRAND SKNKR FOR ~ Fl'HAL PT.,AT OF "qUKK~S PART AT LAGO VB3tDEo PHASE See Page's- RZSOLUT~01g3.-270 RI:LEASIN~ THE MAI~T'KNANCE SKCURZTY AND GRAITTZHG Ft'IAL AA~"'IlPF~ OI~TH~ ROJU:~AY, DRAXHAGE, NATKR Ji3D ~ See Page," ~,~'7 $13878 B"I~I' '~IAI~ BOULEVARD AT THE V'~IXT'ARDS" B I~II:~E~LS SKCUR~TYFORKXCA,VATXONPKIq:KITIIO. 59.473 COUIITY BT COT.,,LXKR DEVELOPMKFf CORPORATION FOR RT(3HT-OY..MAY XJ~ ORDER TO ~ ltOJDlllY Ln~tOVDI~]ITS UPON lllTH AVKNUE AND TO PART:EALLY SATXJlFT ORDllAIICE 00-45 (BKACHMAY FUD) ~ T~ T~B ~ ~ COLLieR COO~'Y AND ~ ~TAT~ OF ~ ~ FUND~ FOR T~ FRO~ C0NI~IN POIJIT BOAT PA~E ~ COCOHA~ RIVKR PARK 3~2F 2?, 1~93 'Ql~aO~UOglD~' ZI~. · FOR TH~ S.R. ~51 MATKR AND SEWKR PROJI'L'f - ZN THE See Pa~.. J&~ °37~w ~ L~ND US~ &~E~IENT BETWEEN COLLIER COUNTY AND DEPARTMENT OF NAT~W~L ~ F~ AN AERIAL CROSSIN~ OF THE COCO~ATCHH~ ~IVER FOR ~ 1RJRCHASK 0RDKR d~zg3-016 FOR SKNAGE HAULING - XN TH~ ~ 780 TO J.C. DRAZ~ RKP&XR, INC. RZVlSlOITO~ SUIOLtRTOFJU]~ 29, 1993, RE LEASE JU3RZDIK~FOR .&N M~RIL~I~TH~NORTN CO~]ITYIq~ZOIALWATKRTRKATMK]iTFLAFFTO Iq:KFT, BL=TBOliIRAIgIOBU. A & CHZI~CLT.,AS LKSSOR RATH~RTHANP.B. & S. ~:~, BJ~II:IIBG~~ORDKRZ93-OI3 FOR ONEMAZN(IXNKRATORBRZAKIRFOR ~ ~."2046 FO~ :D~ITAL ZNSUR&N~ ~ TO ORAL ]~.ALT~ ~KIt'VZC'~ OF See Pageo ~ ~'-~ 0280 - PAID L~V~ O~ ~ ~ ~AJ~T,T ARD M~DZCJ~ T.~AV~ AC~ OY 2993 ]~:SOT.,,~'t'/~ 9~--284 ADDI']IG O]1/'1'I I'O ~ 1993 COT. Z.Z~R ~ HA.11*DATORT SOT.,I"D W ~Ol' 51:~'CZJLT, J~S~Blll~]l~ ROT.,T.,S, AXD C1~1'1~iA]1 '1'O KXZCO'I'~ (~II~[~POIDI*]I~ C'KRTX]rXCA~ 0]P CORI~CTXON Page 57 Ju~¥ 27, ~993 The follow~ng m~ecel~aneous correepondence was f~ed and or referred ae preeented by the Board of County Co~m~ee~onere: Page 58 ~ ,ii]Il T2]I. ~ I~INaTZ NO. 729']g KL~I~~ OF LIEN ~ S~NVI~ OF TH~ PUBLIC DEFEND~ 27, 1993 There being no ffurther business flor the Good of the County, the ~eettng was adjourned by Order o~ the Chair - BO~ OF CO~W CO~ISSIO~RS BOARD OF ZONING APPEALS/EX O~ICIO GOVE~ING BO~D(S} OF SPECIAL DISTRICTS ~DER ITS CO~ROL ~ B~T L. SAUCERS, C~I~ by the Board on or aa corrected Page 59